LIBRARY OF CONGRESS. 






Shelf.!) isCr 



UNITED STATES OF AMERICA. 



TEACHERS' Manual 



OF- 



School Laws 



OF- 



NEW YORK STATE. 



A.. F». CHAPIN, 

Editor of the '''Educational Gazette.'''' 




ROCHESTER, N. Y. 
Educational Gazette Co. 






COPYRIGHT 1889, 

BY 

A. P. Chapin. 



THE author has many times said that it 
should be the aim of every person to thor- 
oughly understand the business in which he 
is engaged. 

This little manual has been prepared for 
the purpose of putting within reach of every 
public school teacher in new York State the 
opportunity to better understand the laws 
governing his work. A careful study of its 
pages will save teachers much annoyance and 
oftentimes many dollars foolishly spent in 
seeking to have the courts decide what every- 
body ought to know. 

A. P. C. 

Rochester, N. Y., March i, 1889. 



CONTENTS. 



PAGE 

Teachers' Licenses, . . . . 5 

Teachers' Powers and Duties, - - - 10 

The Bible in the Public Schools, - - 13 

The School Year and the Annual Meeting, - 14 

Special School Meetings, - - - 15 

Voters at School District Meetings, - - 16 

Teachers' Wages, - - - - 17 

Powers and Duties of Trustees, - - - 19 

Powers and Duties of School Commissioners, 31 

Superintendent of Public Instruction - - 41 

Duties of the District Clerk and Librarian, - 46 

District Collector, - - - - 48 

Physiology and Hygiene, - - - - 49 

Supervisors' Duties, . . . . 50 

Duties of the Town Clerk, - - - 52 

Teachers' Institutes, ... - 54 

Pupil Teachers, ..... 55 

Health and Decency, ... - 56 

Holidays, ----- - 57 

School Census, ----- 57 

Drawing, .-..-- 57 

Teachers' Contracts, . - - . 57 



New York 
SCHOOL LAWS. 



TEACHERS' LICENSES. 



No person can legally contract to teach in 
the public schools, or collect his pay without 
a license. 

There are six kinds of licenses : 

1. A Normal School diploma. 

2. A State certificate, good for life. 

3. A limited license, granted by the State 
Superintendent. 

4. A certificate granted by a County Com- 
missioner. 

5. A certificate granted by a Board of Edu- 
cation. ^ 

6. A testimonial from the Regents of the 
University, endorsed by a County Commis- 
sioner. 



6 NEW YORK SCHOOL LAWS. 

How are licenses obtained ? 

1. There are three grades of Normal School 
diplomas granted on completion of either the 
Elementary English, the Higher English or 
the Classical course of study. These courses 
require two, three and four years' work respec- 
tively. In order to enter a Normal School 
candidates must be at least sixteen years 
of age and must pass a creditable examina- 
tion in the common English branches. Stu- 
dents may enter advanced if they can pass 
the required examinations, but the last year's 
work of either course must be done in the 
school. 

2. State certificates are granted by the 
State Superintendent only upon examination. 
These examinations are held once each year. 
Due notice is given of the time and places of 
these examinations. The rules governing these 
examinations are prescribed by the State Super- 
intendent, and he designates the persons who 
conduct them and report the results to him. 
He may also in his discretion, issue a certifi- 
cate, without examination, to any graduate of 
a college or university who has had three 
years' experience as a teacher. Such last- 
mentioned certificate shall be known as the 



NEW YORK SCHOOL LAWS. 7 

"college graduate's certificate," and may be 
revoked at any time for cause. He may also, 
in his discretion, indorse a diploma issued by 
a State Normal school or a certificate issued 
by a State Superintendent or State Board of 
Education in any other State, which indorse- 
ment shall confer upon the holder thereof the 
same privileges conferred by law upon the 
holders of diplomas or certificates issued by 
State Normal schools or by the State Super- 
int-endent in this State. 

4. Many cities regulate their own examina- 
tions and grant their own licenses. The ex- 
aminations are usually conducted by the 
superintendent and the licenses are signed by 
him and the officers of the school board. 

5. School commissioners grant three grades- 
of licenses, based upon the mental qualifica- 
tions and moral standing of the candidates,, 
and their experience, if any, in teaching. 
Most commissioners examine all applicants 
who apply at the proper times and places as 
announced by the commissioners and State 
Superintendent. 

All examinations are now held on dates 
fixed by the State Superintendent and on 
questions prepared by the State Department 
and sent sealed to the commissioners. 



8 NEW YORK SCHOOL LAWS. 

Candidates for third grade certificates are 
examined in arithmetic, geography, grammar, 
composition, reading, orthography, penman- 
ship, physiology and hygiene. 

Examinations for second grade certificates 
include the above named studies with Amer- 
ican history, civil government, current topics 
and drawing added. 

The first grade examination includes those 
studies already named for the other examina- 
tions and, in addition, algebra, bookkeeping, 
physics, methods and school law. 

Third grade certificates are good for only 
six months, and cannot be issued more than 
twice to the same person. Second grade cer- 
tificates are good for two years and cannot 
be renewed except upon examination. 

All papers of candidates must be kept on 
file by the commissioners subject to the order 
of the State Supermtendent 

Temporary permits or certificates covering 
a period of six weeks, for special reasons may 
be granted without examinations. All blank 
certificates are now furnished by the State De- 
partment and filled in by the commissioners. 



NEW YORK SCHOOL LAWS. 9 

No person who is under the age of sixteen 
years shall be deemed qualified to teach. 

Note. — All teachers in New York State must 
be examined regarding the effects of stimu- 
lants and narcotics. 

On what grounds can a teacher's license be an- 
nulled ? 

Normal school diplomas and State certifi- 
cates can be annulled by the commissioner 
only on the ground of immoral conduct. 

Other licenses may be annulled for either 
immorality or for deficiency in learning or 
ability to teach. 

What relief has the teacher ? 

He may apply to the State Superintendent, 
whose decision is final. 



lO NEW YORK SCHOOL LAWS. 



THE TEACHER'S POWERS AND DUTIES. 



During the established school hours the 
teacher's authority over the pupils present in 
school is absolute. This authority does not ex- 
tend beyond the school buildings and grounds. 

Punishment must not be cruel and should 
not be unnecessarily severe. It is better to be 
too lenient than too severe. Corporal punish- 
ment may be used, but should be only as a last 
resort. 

Obedience and order must be secured and 
maintained, but it should be with the least 
amount of physical force possible. It is bet- 
ter to develop a love for school work by mak- 
ing it attractive than to arouse the ire of the 
pupils by needless rules and commands. 

The teacher can compel the study of only 
one subject, and that is physiology, with 
special reference to the use of stimulants and 
narcotics. The parent or guardian may select 
from the studies belonging to the child's class 
or grade those which he wishes his child to 
pursue. 

The old maxim of English law is as applica- 
ble to the schoolmaster as to any other person 



NEW YORK SCHOOL LAWS. II 

who is in the lawful possession of a house. 
It is true that the school officers, as such, have 
certain rights in the school-house, but the law 
will not allow even them to interfere with the 
teacher while he keeps strictly within the line 
of his duty. Having been legally put in pos- 
session, he can hold it for the purposes and 
the time agreed upon ; and no parent, not 
even the Governor of the State, nor the Pres- 
ident of the United States has any right to 
enter and disturb him in the lawful perform- 
ance of his duties. If persons do enter and 
disturb the school, he should order them out ; 
and if they do not go on being requested to 
do so he may use such force as is necessary 
to eject them. And if he finds that he is un- 
able to put them out himself, he may call on 
others to assist him ; and if no more force is 
employed than is actually necessary to re- 
move the intruder, the law will justify the 
teacher's act and the acts of those who assisted 
him. 

No person shall be deemed qualified to 
teach who is under sixteen years of age. 

An unlicensed person cannot make a legal 
contract to teach, and would have no legal 
claim upon the ^public money even if he had 
taught the school. 



12 NEW YORK SCHOOL LAWS. 

A teacher cannot legally be employed to 
teach in a school if he is related within two 
degrees by blood or marriage to any trustee 
in the district. Uncles and cousins are not 
within two degrees and consequently may be 
employed. 

When there are more than one trustee a 
contract must be made with the board and 
not with individual trustees. It should be 
signed by at least a majority of the board. 

If a teacher closes school even for a single 
day, without the consent of the trustee, he 
forfeits his contract, except in case of sudden 
illness. 

A teacher has no authority to expel a pupil 
from school ; the trustee alone has that power. 

In Union Free school districts the Board of 
Education may order the expulsion of a dis- 
orderly pupil. 

A teacher may inflict corporal punishment 
for the purpose of correcting disorder, but 
the infliction of cruel punishment is deemed 
sufficient excuse for annulling a teacher's 
license. 

Teachers shall keep, prepare and enter in 
the books provided for that purpose, the school 
lists and accounts of attendance, and shall be 



NEW YORK SCHOOL LAWS. TJ 

responsible for their safe keeping and delivery 
to the clerk of the district at the close of their 
engagements or terms. 

A teacher is not entitled to extra pay for 
building fires, sweeping, etc., unless a contract 
to that effect is made. 

When a school is closed by the proper 
authorities for the purpose of making repairs, 
or on account of a contagious disease in the 
vicinity, the teacher is entitled to the same 
pay as though teaching. 

Teachers may prohibit the use of tobacco 
on the school grounds. 

Teachers may temporarily suspend pupils 
but cannot expel them. 



THE BIBLE IN THE PUBLIC SCHOOLS. 



In New York the State Department has 
uniformly denied the right of a teacher or 
any school officer to insist on attendance at 
any religious exercises during legal school 
hours. Such exercises may be held before 
nine in the morning, and attendance made 
optional, but must not be held between nine 
and four, if objection is made by patrons of 
the school. 



14 NEW YORK SCHOOL LAWS. 



THE SCHOOL YEAR AND THE ANNUAL 
MEETING. 



"An annual school meeting of each school 
district shall be held the last Tuesday of Aug- 
ust of each year, and unless the hour and the 
place thereof shall have been fixed by a vote 
of a previous district meeting, the same shall 
be held in the school house at seven o'clock 
in the evening." Laws of 1883. 

The election of officers in certain school 
districts, containing 300 or more children of 
school age, shall be held on the Wednesday 
next following the last Tuesday in August in 
each year, between the hours of twelve o'clock 
mid-day, and four o'clock in the afternoon. 

The school year expires on the twentieth 
day of August. 

" The trustees of each school district shall, 
between the last Tuesday of August and the 
first Tuesday of September in each year, make 
and direct to the School Commissioner, a re- 
port in writing, dated on the twentieth day of 
August of the year in which it is made, and 
shall sign and certify it, and deliver it to the 



NEW YORK SCHOOL LAWS. 15 

clerk of the town in which the school district 
is situated." Laws of 1883. 

" The annual meeting of the Board of Edu- 
cation of every union free school district, 
shall be held on the first Tuesday of Septem- 
ber of each year." Laws of 1883. 

Any person w^ho shall wilfully disturb any 
public school or school meeting shall forfeit 
twenty-five dollars. 



SPECIAL SCHOOL MEETINGS. 



Trustees may call a special meeting at any 
time. The notice shall state the object of the 
meeting and be served on each voter at least 
five days before the date of the meeting. The 
chairman may vote on all questions involving 
a tax levy. 

Trustees of a union free school should be 
elected by ballot between the hours of 12 m. 
and 4 p. M. of the next day after the annual 
school meeting. 



l6 NEW YORK SCHOOL LAWS. 

VOTERS AT SCHOOL DISTRICT MEET- 
INGS. 



By the laws of 1881, there are three classes 
of persons who may vote, as follows : 

I. " Every person (male or female) who is a 
resident of the district, of the age of twenty- 
one years, entitled to hold lands in this State, 
who either owns or hires real estate in the dis- 
trict liable to taxation for school purposes." 

II. *' Every citizen of the United States 
(male or female) above the age of twenty-one 
years, who is a resident of the district, and 
who owns any personal property assessed on 
the last preceding assessment roll of the town, 
exceeding fifty dollars in value, exclusive of 
such as is exempt from execution." 

III. " Every citizen of the United States 
(male or female) who is above the age of 
twenty-one years, who is a resident of the 
district, and who has permanently residing 
with him, or her, a child or children of school 
age, some one or more of whom shall have 
attended the school of the district for a period 
of at least eight weeks within the year pre- 
ceding the time at which the vote is offered." 



NEW YORK SCHOOL LAWS. I7 

Attorney General Russell, at the solicitation 
of Supt. W. B. Ruggles, for his opinion, says, 
under date of May 28, 1883 ; " It will be ob- 
served that the statute uses the term " him or 
her," evidently for the purpose of giving the 
particular party with whom the child resides 
the right to vote, and was not intended to con- 
fer such right of voting upon both the hus- 
band and the wife the legal resi- 
dence of the child would be with the husband, 
and he alone would by reason of such resi- 
dence be entitled to vote at the school meet- 
ing held in the district in which he resides." 



TEACHERS' WAGES. 



Teachers' wages are due as often as at the 
end of each calendar month of the term of 
employment. Trustees and boards of educa- 
tion can pay teachers oftener than once each 
month, but cannot make a contract with them 
by which their wages will not be due at the 
end of each calendar month of the term of 
employment. The law^ fixes the time at which 
their wages are due, and trustees and teachers 
cannot, by agreement, waive this provision or 
change the law. It is one of the duties of 



16 NEW YORK SCHOOL LAWS. 

trustees to prepare for such payments. Cal- 
culations must be made, and where the public 
money will not be sufficient the district meet- 
ing should vote a fund for a tax for this pur- 
pose ; otherwise the trustees would be put to 
the inconvenience and trouble of issuing a 
tax list every month. 

Every teacher should be paid promptly. 
All that the trustees can lawfully require is a 
fulfillment of his contract, which includes the 
duty of keeping the teacher's register, and 
list of daily attendance. When he has placed 
them, duly verified, in the hands of the clerk 
of the district, he can demand an order for 
his wages. 

The wages of a teacher include the whole 
compensation allowed him for board, lodging, 
or any other object. In drawing an order any 
sum allowed for board, etc., should be denom- 
inated wages. The order can be drawn only 
in favor of the teacher. If he desires to apply 
the proceeds to the payment of a private 
debt, for board or other consideration, he can 
indorse it to his creditor, but it is for him and 
not for the trustees to distribute his wages. 



NEW YORK SCHOOL LAWS. 19 

POWERS AND DUTIES OF TRUSTEES. 



A district may have one or three trustees, 
and may change from one to three or from 
three to one by a two-thirds vote. 

A trustee cannot hold the office of collector, 
clerk or librarian. 

A trustee may tender his resignation in 
writing to the supervisor. 

If the district does not fill the vacancy 
within thirty days the supervisor may appoint. 

The State Superintendent of Public Instruc- 
tion may remove a trustee for neglect of 
duties. 

The trustee alone has power to decide what 
text-books shall be used. 

All States make provision for furnishing 
text-books to children if their parents are too 
poor to buy them. 

Trustees have the right to purchase globes, 
maps, or other school apparatus to the amount 
of fifteen dollars each year without the vote 
of a district meeting. 

Trustees may levy a tax for the balance of 
teachers' wages if the public money has been 
expended. 



20 NEW YORK SCHOOL LAWS. 

Trustees have sole power to hire teachers 
and cannot be restricted in this matter by a 
district vote. 

A school trustee cannot hire a teacher for a 
term of school which does not begin before 
the close of his term of office. 

A trustee cannot legally employ himself or 
his wife, his brother or sister, his parents or 
grandparents, his children or grand children, 
or the husband or wife of a brother or sister, 
child or grandchild. 

Three trustees and Boards of Education 
may hire for one year, but not longer. 

No supervisor or school commissioner is 
eligible to the office, nor can either be a mem- 
ber of any board of education within his dis- 
trict or town ; and no trustee can hold the 
office of district clerk, collector or librarian. 

The electors of any district have power to 
change from three trustees to one trustee, or 
from one trustee to three trustees. Such a 
change can be made only at an annual meeting. 

A sole trustee holds his office one year or 
until his successor is elected. Where there 
are three trustees the term of office is three 
years. A trustee may appoint a district clerk, 
collector or librarian to fill a vacancy. 



NEW YORK SCHOOL LAWS. 21 

The trustee is the custodian of the school 

property. 

Trustees alone have power to expel pupils 

from school for habitual misconduct, or when 

afflicted with a contagious disease. 

All property which is now vested in, or 

shall hereafter be transferred to, the trustee 

or trustees of a district for the use of schools 

in a district, shall be held by him or them as 

a corporation. 

A sole trustee of the district shall have all 
the powers, and be subject to all the duties, 
liabilities and penalties conferred or imposed 
by law upon or against any trustee or trustees, 
or the majority of the trustees, of a district. 

The trustees of a district compose a board, 
and when two only meet to deliberate upon a 
matter, and the third, if notified, does not 
attend, or the three meet and deliberate there- 
on, the conclusion of two upon the matter, 
and their order, act or proceeding in relation 
thereto, shall be as valid as though it were 
the conclusion, order, act or proceeding of the 
three ; and the recita^ of the two in their 
minute of the conclusion, act or proceeding, 
or in their order, act or proceeding of the fact 
of such notice, or of such meeting or delibera- 



22 NEW YORK SCHOOL LAWS 

tion, shall be conclusive evidence thereof. A 
meeting of the board may be ordered by any 
member thereof, by giving not less than 
twenty-four hours' notice of the same. 

While there is one vacancy in the office of 
trustee, the two trustees have all the powers 
and are subject to all the duties and liabilities 
of the three. And while there are two such 
vacancies, the trustee in office shall have all 
the powers and be subject to all the duties 
and liabilities of the three, as though he were 
a sole trustee. 

It shall be the duty of the trustees of every 
school district, and they shall have power : 

1. To call special meetings of the inhabi- 
tants of such districts whenever they shall 
deem it necessary and proper. 

2. To give notice of special, annual and ad- 
journed meetings, if there be no clerk of the 
district, or he be absent, or incapable of act- 
ing, or shall refuse to act. 

3. To make out a tax list of every district 
tax voted by any such meeting, or authorized 
by law, containing the names of all the taxa- 
ble inhabitants residing in the district at the 
time of making out the list, and the amount 
of tax payable by each inhabitant, set oppo- 
ite to his name. 



NEW YORK SCHOOL LAWS. 23 

4. To annex to such tax list a warrant, di- 
rected to the collector of the district, for the 
collection of the sums in such list mentioned. 

5. To purchase or lease a site for the dis- 
trict school-house or school-houses, as desig- 
nated by a meeting of the district, and to 
build, hire or purchase such school-house as 
may be so designated, and to keep in repair 
and furnish such school-house with necessary 
fuel and appendages, and to pay the expense 
thereof by tax, but such expense shall not 
exceed fifty dollars in any one year, unless 
authorized by the district or by law. 

6. To have the custody and safe keeping of 
the district school-house or houses, and their 
sites and appurtenances, 

7. When thereto authorized, by a meeting of 
the district to insure the school-house or 
school-houses, and their furniture, and the 
school apparatus, in some company created 
by or under the laws of this state and to com- 
ply with the conditions of the policy, and 
raise the premiums by ^district tax. 

8. To insure the district library in such a 
company in a sum fixed by a district meeting, 
and to raise the premium by a district tax, 
and comply with the conditions of the policy 



24 NEW YORK SCHOOL LAWS. 

9. To contract with and employ all teachers 
in the district school or schools, but no per- 
son who is within two degrees of relationship 
by blood or marriage to any such trustee shall 
be so employed, except with the approval of 
two-thirds of the voters of such district pres- 
ent and voting upon the question at an annual 
or special meeting of the district nor shall 
any sole trustee of a district make any con- 
tract for the employment of a teacher in and 
for said school district beyond the close of the 
school term commencing next preceding the 
expiration of his term of office, except with 
approval of a majority of the voters of such 
district present, and voting upon the question 
at an annual or special meeting of the dis- 
trict ; nor shall the trustees of any school dis- 
trict having three or more trustees, make any 
contract for the employment of a teacher or 
teachers for more than one year in advance. 
Any person employed in disregard of the 
foregoing provisions shall have no claim for 
w'ages against the district, but may enforce 
the specific contract made against the trustee 
or trustees consenting to such employment as 
individuals. 

10. To pay toward the wages of such teach- 
ers as are qualified, the public moneys appor- 



NEW YORK SCHOOL LAWS. 25 

tioned to the district and legally applicable 
thereto, by giving them orders on the super- 
visor therefor, and to collect the residue of 
such wages by district tax. 

11. To divide such public moneys appor- 
tioned to the district, whenever authorized 
by a vote of the district, into two or more 
portions for each year ; to assign and apply 
one of such portions to each term during 
which a school shall be kept in such district, 
for the payment of teachers' wages during 
such term ; and to collect the residue of such 
wages not paid by the proportion of public 
money allotted for that purpose, by district 
tax. 

12. If the library money apportioned to the 
district be less than three dollars, to apply it 
to the payment of teachers' wages. 

13. To draw upon the supervisor for the 
school and library moneys. 

The trustees may expend in necessary 
and proper repairs of each school-house under 
their charge a sum not exceeding twenty dol- 
lars in any one year ; and they may also ex- 
pend a sum, not exceeding fifty dollars, in 
the erection of necessary outbuildings, when 
the district is wholly unprovided with such 
buildings, under the direction of the school 



26 NEW YORK SCHOOL LAWS. 

commissioner in whose district such school- 
house is situated, or the state superintendent 
of public instruction. They may also make 
any repairs and abate any nuisances, pursuant 
to the direction of the school commissioner as 
hereinbefore provided, and provide fuel, pails, 
brooms and other implements necessary to 
keep the school-house or houses clean and 
make them reasonably comfortable for use, 
and not provided for by a vote of the district; 
and may also provide for buildmg fires and 
cleaning the school-room by arrangement with 
the teacher or otherwise. They shall provide 
the bound blank-books for the entering of 
their accounts and the keeping of the school 
lists, the records of the district, and the pro- 
ceedings of district and trustee meetings, and 
they may expend in the purchase of diction- 
ary, maps, globes, or other school apparatus, 
a sum not exceeding fifteen dollars in any 
one year. Whenever it shall be necessary for 
the due accommodation of the children of the 
district they may hire temporarily any room 
or rooms for the keeping of schools therein. 
Any expenditure made or liability incurred in 
pursuance of this section shall be a charge 
upon the district. . 



NEW YORK SCHOOL LAWS. 2/ 

The trustees, or any of them, if not forbid- 
den by another, may freely permit the school- 
house, when not in use by the district school, 
to be used by persons assembling therein for 
the purpose of giving and receiving instruc- 
tion in any branch of education or learning, 
or in the science or practice of music. 

The trustees shall, once in each year, render 
to the district, at its annual district meeting, 
a just, full and true account in writing, under 
their hands, of all moneys received by them 
respectively for the use of the district, and of 
the manner in which the same shall have been 
expended, and showing to which of them an 
unexpended balance, or any part thereof is 
chargeable. ; and of all drafts -or orders made 
by them upon the supervisor, collector, or 
other custodian of moneys of the district ; and 
a full statement of all suits or proceedings 
brought by or against them, arid of every 
special matter touching the condition of the 
district. 

An outgoing trustee shall forthwith pay, to 
his successor, or any other trustee of the dis- 
trict in office, any such unexpended balance, 
remaining in his hands. 

Every trustee who shall refuse or neglect to 
render such account shall forfeit twenty-five 



28 NEW YORK SCHOOL LAWS. 

dollars. Every trustee who shall neglect ur 
refuse to pay over any balance so found in his 
hands, shall forfeit twenty-five dollars. These 
penalties are for the benefit of the schools of 
the district, and shall be sued for by the super- 
visor of the town in which the school-house, 
or school-house longest owned or held by the 
district is. 

By a willful neglect or refusal to render 
such account, a trustee also forfeits any unex- 
pired term of his office, and becomes liable to 
the trustees for any district moneys in his 
hands. 

The trustees in office shall sue for and re- 
cover any district moneys in the hands of any 
former trustee, or of his personal representa- 
tive, and apply them to the use of the district. 

The trustees of each school district shall, 
between the twentieth day of August and the 
last Tuesday of August, in each year, make 
and direct to the school commissioner a report 
in writing, dated on the twenty-first day of 
August of the year in which it is made, and 
shall sign and certify it, and deliver it to the 
clerk of the town in which the school-house 
is situated ; and every report shall certify : 

I. The whole time any school has been kept 
in their district during the year ending on 



NEW YORK SCHOOL LAWS. 29 

the day previous to the date of such report, 
and distinguishing what portion of the time 
such school has been kept by qualified 
teachers, and the whole number of days, in- 
cluding holidays, in which the school was 
taught by qualified teachers. 

2. The amount of their drafts upon the 
supervisor, for the payment of teachers' wages 
during such year, and the amount of their 
drafts upon him for the purchase of books 
and school apparatus during such year, and 
the manner in which such moneys have been 
expended. 

3. The number of children taught in the 
district school or schools during such year by 
qualified teachers, and the sum of the days' 
attendance of all such children upon the 
school. 

4. The number of children residing in the 
district on the thirtieth day of June previous 
to the making of such report, and the names 
of the parents or other persons with whom 
such children did respectively reside, and the 
number of children residing with each. 

5. The amount of money paid for teacher's 
wages, in addition to the public money paid 
therefor ; the amount of taxes levied in said 
district for purchasing school-house sites, for 



30 NEW YORK SCHOOL LAWS. 

building, hiring, purchasing, repairing and in- 
suring school-houses, for fuel, for district 
libraries, or for any other purpose allowed by 
law, and such other information in relation to 
the schools and the district as the superinten- 
dent of public instruction may, from time to 
time, require. 

The annual reports of trustees of school 
districts, of children residing in their dis- 
tricts, shall include all over five and under 
twenty-one years of age, who shall have been, 
on the thirtieth day of June last preceding 
the date of such report, actually in the dis- 
trict, comprising a part of the family of their 
parents or guardians or employers, if such 
parents, guardians or employers reside at the 
time in such district, although such residence 
was temporary ; but such report shall not in- 
clude children belonging to the family of any 
person who shall be an inhabitant of any 
other district in this state, in which such chil- 
dren may by law be included in the reports 
of its trustees ; nor any children who are sup- 
ported at a county poor-house or an orphan 
asylum ; nor any Indian children residing on 
reservations where schools provided by law 
for their education are taught. 



NEW YORK SCHOOL LAWS. 3 1 

Where a school district lies in two or more 
counties, its trustees shall make such an an- 
nual report for each part of it lying in a dif- 
ferent county, and file each in the office of the 
clerk of the towm in which the part of the 
district to which it especially relates lies ; and 
such reports shall be in the form and contain 
all such special matters as the superintendent 
of public instruction shall from time to time 
prescribe. 



POWERS AND DUTIES OF SCHOOL 
COMMISSIONERS. 



The school commissioner for each school 
commissioner district shall be elected by the 
electors thereof, by separate ballot, at the gen- 
eral election in the year one thousand eight 
hundred and sixty-six, and triennially there- 
after, and the ballots shall be indorsed "school 
commissioner." 

The term of office of such commissioner 
shall commence on the first day of January 
next after his election, and shall be for three 
years, and until his successor qualifies. Every 
person elected to the office, or appointed to 
fill a vacancy, must take the oath of office pre- 



32 NEW YORK SCHOOL LAWS. 

scribed by the constitution, before a county 
clerk or a judge of a court of record, and file 
it with the county clerk, within ten days after 
the commencement of the term or after notice 
of his appointment ; and if he omit so to do, 
the office shall be deemed vacant. 

A commissioner may at any time vacate his 
office, by filing his resignation with the county 
clerk. His removal from the county, or 
acceptance of the office of supervisor, town- 
clerk or trustee of a school district, shall 
vacate his office. 

The county clerk, so soon as he has official 
or other notice of the existence of a vacancy 
in the office of commissioner, shall give notice 
thereof to the county judge, or, if that office 
be vacant, to the superintendent of public in- 
struction. In case of a vacancy, the county 
judge, or, if there be no county judge, then 
the superintendent shall appoint a commis- 
sioner, who shall hold his office until the first 
of January succeeding the next general elec- 
tion, and until his successor, who shall be 
chosen at such general election, shall have 
qualified. A person elected to fill a vacancy 
shall hold the office only for the unexpired 
term. 



NEW YORK SCHOOL LAWS. T,^ 

After the first day of October, eighteen 
hundred and eighty-five, every school commis- 
sioner shall receive an annual salary of one 
thousand dollars, payable quarterly out of 
the free school fund appropriated to this pur- 
pose, or to the support of common schools. 

Whenever a majority of the supervisors 
from all the towns composing a school com- 
missioner district shall adopt a resolution to 
increase the salary of their school commis- 
sioner beyond the one thousand dollars, paya- 
able to him from the free school fund, it shall 
be the duty of the board of supervisors of 
the county to give effect to such resolution, 
and they shall assess the increase stated 
therein upon the towns composing such com- 
missioner district, ratably, according to the 
corrected valuations of the real and personal 
estate of such towns. 

The board of supervisors shall annually 
audit and allow to each commissioner within 
the county, the fixed sum of two hundred 
dollars for his expenses, and shall assess and 
levy that amount annually, by tax upon the 
towns composing his district. 

Whenever the superintendent of public in- 
struction is satisfied that a school commis- 
sioner has persistently neglected to perform 



34 NEW YORK SCHOOL LAWS. 

his duties, he may withliold his order for the 
payment of the whole or any part of such 
commissioner's salary as it shall become due, 
and the salary so withholden shall be forfeited; 
but the superintendent may remit the forfeit- 
ure, in whole or in part, upon the commis- 
sioner disproving or excusing such neglect, 

A commissioner, upon the written request 
of the commissioner of an adjoining district, 
may perform any of his duties for him, and 
upon requirement of the state superintendent 
of public instruction must perform the same. 

No school commissioner shall act as agent 
for any author, publisher or bookseller, nor 
indirectly receive any gift, emolument, reward, 
or promise of reward, for his influence in rec- 
ommending or procuring the use of any book, 
or school apparatus, or furniture of any kind 
whatever, in any common school, or the pur- 
chase of any book for a district library. Any 
one who shall procure or solicit a violation of 
this provision, or of any part thereof, shall be 
guilty of a misdemeanor ; and any such viola- 
tion shall subject the guilty commissioner to 
removal from his office by the superintendent 
of public instruction. 

Every commissioner shall have power, and 
it shall be his duty : 



NEW YORK SCHOOL LAWS. 35 

1. From time to time to inquire and ascer- 
tain whether the boundaries of the school 
districts within his district are definitely and 
plainly described in the records of the proper 
town clerks ; and in case the records of the 
boundaries of any school district shall be 
found defective or indefinite, or if the same 
shall be in dispute, then to cause the same to 
be amended, or an amended record of the 
boundaries to be made. All necessary ex- 
penses incurred in establishing such amended 
records, shall be a charge upon the district or 
districts affected, to be audited and allowed 
by the trustee or trustees thereof, upon the 
certificate of the school commissioner. 

2. To visit and examine all the schools and 
school districts within his district as often in 
each year as shall be practicable ; to inquire 
into all matters relating to the management, 
the course of study and mode of instruction, 
and the text-books and discipline of such 
schools, and the condition of the school- 
houses, sites, out-buildings and appendages, 
and of the district generally ; to examine the 
district libraries ; to advise with and counsel 
the trustees and other officers of the district 
in relation to their duties, and particularly in 
respect to the construction, warming and ven 



^6 NEW YORK SCHOOL LAWS. 

tilating of school-houses, and the improving 
and adorning of the school grounds con- 
nected therewith ; and to recommend to the 
trustees and teachers the proper studies, dis- 
cipline and management of the schools, and 
the course of instruction to be pursued. 

3. Upon such examination, to direct the 
trustees to make any alteration or repair on 
the school-house or out-buildings which shall, 
in his opinion, be necessary for the health or 
comfort of the pupils, but the expense of 
making such alterations or repairs shall, in 
no case, exceed the sum of two hundred dol- 
lars, unless an additional sum shall be voted 
by the district. He may also direct the trus- 
tee to make any alterations or repairs to 
school furniture, or when in his opinion any 
furniture is unfit for use and not worth re- 
pairing, or when sufficient furniture is not 
provided, he may direct that new furniture 
shall be provided as he may deem necessary, 
provided that the expense of such alterations, 
repairs or additions to furniture shall not, in 
any one year exceed the sum of one hundred 
dollars. He may also direct the trustees to 
abate any nuisance upon the premises, pro- 
vided the same can be done at an expense 
not exceeding twenty-five dollars. 



NEW YORK SCHOOL LAWS. 37 

4. To condemn a school-house, if he deem 
it wholly unfit for use and not worth repair- 
ing, and to deliver the order to the trustees, 
or one of them, and transmit a copy to the 
superintendent of public instruction. Such 
order, if no time for its taking effect be stated 
in it, shall take effect immediately. He shall 
also state what sum, not exceeding eight hun- 
dred dollars, will, in his opinion, be necessary 
to erect a school-house capable of accommo- 
dating the children of the district. Immedi- 
ately upon the receipt of said order, the trus- 
tee or trustees of such district shall call a 
special meeting of the inhabitants of said dis- 
trict, for the purpose of considering the ques- 
tion of building a school-house therein. Such 
meeting shall have power to determine the 
size of said school-house, the material to be 
used in its erection, and to vote a tax to build 
the same ; but such meeting shall have no 
power to reduce the estimate made by the 
commissioner aforesaid by more than twenty- 
five per cent, of such estimate. And where 
no tax for building such house shall have 
been voted by such district within thirty days 
from the time of holding the first meeting to 
consider the question, then it shall be the 
duty of the trustee or trustees of such dis- 



35 NEW YORK SCHOOL LAWS 

trict to contract for the building of a school- 
.house capable of accommodating the children 
of the district, and to levy a tax to pay for 
the same, which tax shall not exceed the sum 
estimated as necessary by the commissioner 
as aforesaid, and which shall not be less than 
such estimated sum by more than twenty-five 
per cent, thereof. But such estimated sum 
may be increased by a vote of the inhabitants 
at any school meeting subsequently called 
and held according to law. 

5. To examine persons proposing to teach 
common schools within his district, and not 
possessing the superintendent's certificate of 
qualification or a diploma of a state normal 
school, and to inquire into their moral fitness 
and capacity, and, if he find them qualified, 
to grant them certificates of qualification, in 
the forms which are or may be prescribed by 
the superintendent. He may refuse to grant 
a license because of profane swearing or in- 
temperance on the part of the candidate. 

6. To re-examine any teacher holding his 
or his predecessor's certificate, and if he find 
him deficient in learning or ability, to annul 
the certificate. 

7. To examine any charge affecting the 
moral character of any teacher within his dis- 



NEW YORK SCHOOL LAWS. 39 

trict, first giving such teacher reasonable no- 
tice of the charge, and an opportunity to de- 
fend himself therefrom ; and if he find the 
charge sustained, to annul the teacher's cer- 
tificate, by whomsoever granted, and to de- 
clare him unfit to teach ; and if the teacher 
held a certificate of the superintendent, or a 
diploma of a state normal school, to notify 
the superintendent forthwith of such annul- 
ment and declaration. 

8. And, generally, to use his utmost in- 
fluence and most strenuous exertions to pro- 
mote sound education, elevate the character 
and qualifications of teachers, improve the 
means of instruction and advance the inter- 
ests of the schools under his supervision. 

Every school commissioner shall have power 
to take affidavits and administer oaths in all 
matters pertaining to common schools, but 
without charge or fee ; and, under the direc- 
tion of the superintendent of public instruc- 
tion, to take and report the case to him in any 
case of appeal. 

The commissioners shall be subject to such 
rules and regulations as the superintendent 
of public instruction shall from time to time 
prescribe, and appeals from their acts and de- 



40 NEW YORK SCHOOL LAWS. 

cisions may be made to him. They shall, 
whenever thereto required by the superin- 
tendent, report to him, as to any particular 
matter or act, and shall severally make to 
him annually, to the twentieth day of August 
in each year, a report in such form, and con- 
taining all such particulars as he shall pre- 
scribe and call for ; and, for that purpose, 
shall procure the reports of the trustees of 
the school districts from the town clerks' 
offices, and after abstracting the necessary 
contents thereof, shall arrange and indorse 
them properly, and deposit them with a copy 
of his own abstract thereof in the office of 
the county clerk ; and the clerk shall safely 
keep them. 

The school commissioner, or commissioners 
of each county, shall proceed, at the county 
seat, on the third Tuesday of March in each 
year, to ascertain, apportion and divide the 
state and other school moneys. 



NEW YORK SCHOOL LAWS. 41 



POWERS AND DUTIES OF THE STATE 

SUPERINTENDENT OF PUBLIC 

INSTRUCTION. 



The office of state superintendent of public 
instruction is continued and the term of said 
office shall be three years, commencing here- 
after on the seventh day of April. Such 
superintendent shall be elected by joint ballot 
of the senate and assembly on the second 
Wednesday of February next preceding the 
expiration of the term of the then incumbent 
of said office, and on the second Wednesday 
of February next after the occurrence of any 
vacancy in the office. 

He shall appoint a deputy ; and in case of 
a vacancy in the office of superintendent, the 
deputy may perform all the duties ot the 
office until the day hereinbefore fixed for the 
commencement of the term of said office. In 
case the office of both superintendent and 
deputy shall be vacant, the governor shall ap- 
point some person to perform the duties of 
the office until the superintendent shall be 
elected and his term of office commence, as 
hereinbefore provided. 



42 NEW YORK SCHOOL LAWS. 

He may appoint as many clerks as he may 
deem necessary, but the compensation of such 
clerks shall not exceed in the aggregate the 
sum of nine thousand dollars in any one year, 
and shall be payable monthly by the treasurer, 
on the warrant of the comptroller, and the 
certificate of the superintendent. 

The superintendent shall be ex-officio a trus- 
tee of Cornell University and of the New 
York State Asylum for Idiots, and a regent of 
the University of the State of New York. 
He shall also have general supervision over 
the state normal schools at Brockport, Buffalo, 
Cortland, Fredonia, Geneseo, Oswego Pots- 
dam, Albany, New Paltz and Oneonta and 
over any other state normal school, which may 
hereafter be established ; and he shall provide 
for the education of the Indian children of 
the state, as required by chapter seventy-one 
of the laws of eighteen hundred and fifty-six. 

The institution for the instruction of the 
deaf and dumb, the New York institution for 
the blind, and all other similar institutions, 
incorporated, or that may be hereafter incor- 
porated, shall be subject to the visitation of 
the superintendent of public instruction, and 
it shall be his duty : 



NEW YORK SCHOOL LAWS. 43 

1. To inquire, from time to time, into the 
expenditures of each institution, and the sys- 
tems of instruction pursued therein, respec- 
tively. 

2. To visit and inspect the schools belong- 
ing thereto, and the lodgings and accommo- 
dations of the pupils. 

3. To ascertain, by a comparison with 
other similar institutions, whether any im- 
provement in instruction and discipline can 
be made ; and for that purpose to appoint, 
from time to time, suitable persons to visit 
the schools. 

4. To suggest to the directors of such in- 
stitutions and to the legislature such improve- 
ments as he shall judge expedient. 

5. To make an annual report to the legisla- 
ture on all the matters before enumerated, and 
particularly as to the condition of the schools, 
the improvement of the pupils, and their 
treatment in respect to board and lodging. 

So often as he can, consistently with his 
other duties, he shall visit such of the com- 
mon schools of the state as he shall see fit, 
and inquire into their course of instruction, 
management and discipline, and advise and 
encourage the pupils, teachers and officers 
thereof. 



44 NEW YORK SCHOOL LAWS. 

He shall submit to the legislature an annual 
report containing : 

1. A statement of the condition of the com- 
mon schools of the state, and of all other 
schools and institutions under his supervis- 
ion, and subject to his visitation as superin- 
tendent. 

2. Estimates and accounts of expenditures 
of the school moneys, and a statement of the 
apportionment of school moneys made by 
him. 

3. All such matters relating to his office, 
and all such plans and suggestions for the 
improvement of the schools and the advance- 
ment of public instruction in the state, as he 
shall deem expedient. 

He may grant under his hand and seal of 
office, a certificate of qualification to teach, 
and may revoke the same. While unrevoked, 
such certificate shall be conclusive evidence 
that the person to whom it was granted is 
qualified by moral character, learning, and 
ability, to teach any common school in the 
state. Such certificate may be granted by 
him only upon examination. 

Upon cause shown to his satisfaction, he 
may annul any certificate of qualification 



NEW YORK SCHOOL LAWS. 45 

granted to a teacher by a school commissioner, 
or declare any diploma issued by the state 
normal schools ineffective and null as a qualifi- 
cation to teach a common school within this 
state, and he may reconsider and reverse his 
action in any such matter. 

Whenever it shall be proven to his satisfac- 
tion, that any school commissioner, or other 
school officer, has been guilty of any willful 
violation or neglect of duty under this act, or 
any other act pertaining to common schools, 
or of willfully disobeying any decision, order 
or regulation of the superintendent, the super- 
intendent may, by an order under his hand 
and seal, which order shall be recorded in his 
office, remove such school commissioner or 
other school officer from his office. 

He shall prepare suitable registers, blanks, 
forms and regulations for making all reports 
and conducting all necessary business under 
this act, and shall cause the same, with such 
information and instructions as he shall deem 
conducive to the proper organization and 
government of the common schools and the 
due execution of their duties by school 
officers, to be transmitted to the officers and 
persons intrusted with the execution of the 
same. 



46 NEW YORK SCHOOL LAWS. 

DUTIES OF THE DISTRICT CLERK AND 
LIBRARIAN. 



It shall be the duty of the clerk of each 
school district : 

2. To record the proceedings of his district 
in a book to be provided for that purpose by 
the district, and to enter therein true copies 
of all reports made by the trustees to the 
school commissioner. 

2. To give notice, of the time and place of 
holding special district meetings called by 

the trustees. 

3. To affix a notice in writing of the time 
and place of any adjourned meeting, when 
the meeting shall have been adjourned for a 
longer time than one month, in at least four 
of the most public places of such district, at 
least five days before the time appointed for 
such adjourned meeting. 

4. To give the like notice of every annual 
district meeting. 

5. To give notice immediately to every per- 
son elected or appointed to office of his elec- 
tion or appointment ; and also to report to 
the town clerk of the town in which the school- 
house of his district is situated, the names 



NEW YORK SCHOOL LAWS. 47 

and post-office address of such officers, under 
a penalty of five dollars for neglect in each 
instance. 

6. To notify the trustees of every resigna- 
tion duly accepted by the supervisor. 

7. To keep and preserve all records, books 
and papers belonging to his office and to de- 
liver the same to his successor. For a refusal 
or neglect so to do, he shall forfeit fifty dol- 
lars for the benefit of the district, to be recov- 
ered by the trustees. 

8. In case his district shall be dissolved, to 
obey the order of the commissioner or com- 
missioners as to depositing the books, papers, 
and records of his office in the town clerk's 
office. 

9. To attend all meetings of the board of 
trustees when notified and keep a record of 
their proceedings in a book provided for that 
purpose. 

10. To call special meetings of the inhab- 
itants whenever the trustees of the district 
shall have vacated their office. 

The librarian shall have the charge and 
supervision of the district library. 



48 NEW YORK SCHOOL LAWS, 

COLLECTOR. 



Within such time, not less than ten days, as 
the trustees shall allow him for the purpose, 
the collector, before receiving the first war- 
rant for the collection of money, shall execute 
a bond to the trustees, with one or more sure- 
ties, to be approved by a majority of the trus- 
tees, in such amount as the district meeting 
shall have fixed, or if such meeting shall not 
have fixed the amount, then in such amount 
as the trustees shall deem reasonable, condi- 
tioned for the due and faithful execution of 
the duties of his office. 

The collector is the treasurer of the dis- 
trict, and pays out its moneys only on written 
orders of the trustees. He should not pay 
moneys to the trustees. 

A collector is responsible for any loss to the 
district caused by his own neglect of duty. 

The collector shall keep in his possession 
all moneys received or collected by him by 
virtue of any warrant, to be by him paid out 
upon the order of a majority of the trustees; 
and he shall report in writing at the annual 
meeting, all his collections and disbursements, 
and shall pay over to his successor in office, 



NEW YORK SCHOOL LAWS. 49 

when he has duly qualified and given bail, all 
moneys in his hands belonging to the district. 



PHYSIOLOGY AND HYGIENE. 



Provision shall be made by the proper local 
school authorities for instructing all pupils in 
all schools supported by public money, or un- 
der state control, in physiology and hygiene, 
with special reference to the effect of alcoholic 
drinks, stimulants and narcotics upon the 
human system. 

No certificate shall be granted to any per- 
son to teach in the public schools of the state 
of New York after the first day of January, 
eighteen hundred and eighty-five, who has 
not passed a satisfactory examination in physi- 
ology and hygiene, with special reference to 
the effects of alcoholic drinks, stimulants and 
narcotics upon the human system. 



50 NEW YORK SCHOOL LAWS. 

SUPERVISORS' DUTIES. 



It is the duty of every supervisor : 

To disburse the school moneys in his hands, 
applicable to the payment of teachers' wages, 
upon and only upon the written orders of a 
sole trustee, or a majority of the trustees, in 
favor of qualified teachers, or upon the order 
of a trustee of a separate neighborhood in 
favor of any teacher of a school in an adjoin- 
ing state, recognized by him and patronized 
by the inhabitants of such neighborhood. 
Such teacher shall be deemed a qualified 
teacher. 

To disburse the library moneys upon, and 
only upon the written orders of a sole trustee, 
or a majority of the trustees. 

In the case of a union free school district, 
to pay over all the moneys apportioned there- 
to, whether for the payment of teachers' 
wages, or as library moneys, to the treasurer 
of such district, upon the order of its board 
of education. 

To keep a just and true account of all the 
school moneys received and disbursed by him 
during each 'year, and to lay the same, with 
proper vouchers, before the board of town 
auditors at each annual meeting thereof. 



NEW YORK SCHOOL LAWS. 5 1 

To have a bound blank book (the cost of 
which shall be a town charge) and to enter 
therein all his receipts and disbursements of 
school moneys, specifying from whom and for 
what purposes they were received, and to 
whom and- for what purposes they were paid 
out ; and to deliver the book to his successor 
in office. 

Within fifteen days after the termination of 
his office, to make out a just and true account 
of all school moneys theretofore received by 
him and of all disbursements thereof, and to 
deliver the same to the town clerk, to be filed 
and recorded, and to notify his successor in 
office of such rendition and filing. 

So soon as the bond to the county treas- 
urer shall have been given by him and ap- 
proved by the treasurer, to deliver to his pre- 
decessor the treasurer's certifi-cate of these 
facts, to procure from the town clerk a copy 
of his predecessor's account, and to demand 
and receive from him any and all moneys re- 
maining in his hands. 

Upon receiving such a certificate from his 
successor, and not before, to pay to him all 
school moneys remaining in his hands, and to 



52 NEW YORK SCHOOL LAWS. 

forthwith file the certificate in the town clerk's 
office. 

By his name of office, when the duty is not 
elsewhere imposed by law, to sue for and re- 
cover penalties and forfeitures imposed for 
violations, and for any default or omission of 
any town officer or school district board or 
officer; and after deducting his costs and ex- 
penses, to report the balances to the school 
commissioner. 



DUTIES OF THE TOWN CLERK. 



It shall be the duty of the town clerk of 
each town : 

Carefully to keep all books, maps, papers 
and records of his office touching common 
schools, and forthwith to report to the super- 
visor any loss or injury to any of them which 
may happen. 

To receive from the supervisor the cer- 
tificates of apportionment of school moneys 
to the town, and to record them in a book to 
be kept for that purpose. 

Forthwith to notify the trustees of the 
several school districts and separate neigh- 
borhoods, of the filing of each such certificate. 



NEW YORK SCHOOL LAWS. 53 

To see that the trustees of the school 
districts and separate neighborhoods make 
and deposit with him their annual reports 
within the time prescribed by law, and to de- 
liver them to the school commissioner on de- 
mand ; and to furnish the school commis- 
sioner of the school commissioner district in 
which his town is situated, the names and post- 
office address of the school district officers re- 
ported to him by the district clerks. 

To distribute to the trustees of the school 
districts and separate neighborhoods, all 
blanks and circulars which may be delivered 
or forwarded to him by the state superinten- 
dent for that purpose. 

To receive from the supervisor, and re- 
cord in a book kept for that purpose, the an- 
nual account of the receipts and disburse- 
ments of school moneys required to be sub- 
mitted to the town auditors together with the 
action of the town auditors thereon, and to 
send a copy of the account and of the action 
thereon, by mail, to the superintendent of 
public instruction, whenever required by him, 
and to file and preserve the vouchers accom- 
panying the account. 



54 NEW YORK SCHOOL LAWS. 

To receive and to record, in tne same 
book, the supervisor's final account of the 
school moneys received and disbursed by him, 
and deliver a copy thereof to such supervisor's 
successor in office. 

To receive from the outgoing supervisor, 
and file and record in the same " book, the 
county treasurer's certificate, that his success- 
or's bond has been given and approved. 

To receive, file and record the descrip- 
tions of the school districts and neighbor- 
hoods and all papers and proceedings deliv- 
ered to him by the school commissioner. 

The necessary expenses and disbursements 
of the town clerk in the performance of said 
duties, are a town charge, and shall be audited 
and paid as such. 



TEACHERS' INSTITUTES. 



After the 20th day of August, 1885, all 
schools in school districts and parts of dis- 
tricts not included within the boundaries of 
an incorporated city, shall be closed during 
the time a teachers' institute shall be in ses- 
sion in the same county in which such schools 



NEW YORK SCHOOL LAWS. 55 

are situated, and in the apportionment of pub- 
lic school money, the schools thus closing in 
any school term shall be allowed the same 
average pupil attendance during such time as 
was the average during that part of the term 
when the school was not thus closed, and any 
school continuing its sessions in violation of 
the above provision shall not be allowed any 
public money based upon average pupil at- 
tendance during the days the school was thus 
kept in session. 



PUPIL TEACHERS. 



The law does not contemplate that pupil 
teachers shall be employed in any of the 
schools of this state ; but it does not prohibit 
one pupil from instructing another. If any 
school is too large to be instructed by the 
teacher, the trustees should provide an addi- 
tional teacher. Pupils might, perhaps, be al- 
lowed to instruct other pupils, in case they 
are properly qualified ; but this should not be 
allowed as a substitute for an adequate teach- 
ing force. 



56 NEW YORK SCHOOL LAWS. 

HEALTH AND DECENCY. 



From and after the first day of September, 
eighteen hundred and eighty-seven, the board 
of education, or the trustee or trustees having 
supervision over any school district of this 
state, shall provide suitable and convenient 
water-closets or privies for each of the schools 
under their charge, at least two in number, 
which shall be entirely separated each from 
the other and having separate means of ac- 
cess, and the approaches thereto shall be sep- 
arated by a substantial close fence not less 
than seven feet in height. It shall be the duty 
of the officers aforesaid to keep the same in a 
clean and wholesome condition, and a failure 
to comply with the provisions of this act on 
the part of the trustees shall be sufficient 
grounds for removal from office, and for with- 
holding from the district any share of the 
public moneys of the state. Any expense in- 
curred by the trustees aforesaid in carrying 
out the requirements of this act shall be a 
charge upon the district, when such expense 
shall have been approved by the school com- 
missioner of the district within which the 
school district is located ; and a tax may be 
levied therefor without a vote of the district. 



NEW YORK SCHOOL LAWS. 57 

HOLIDAYS. 



The legal holidays are New Year's Day, 
Washington's Birthday, Decoration Day, 
Fourth of July, General Election Day, Thanks- 
giving Day and Christmas Day. 

A teacher cannot make up lost time by 
teaching on holidays without the consent of 
the trustee. 



MISCELLANEOUS. 



The enumeration of children of school age, 
over five and under twenty-one years of age, 
residing in the district, shall be taken on the 
thirtieth day of June in each year. 

By the laws of 1875 it is required that free 
instruction in industrial or free hand drawing 
shall be given in each of the state normal 
schools, in public schools in cities, and in 
union free schools. 

All officers who shall employ any teacher 
to teach in any of the public schools, shall at 
the time of such employment, deliver to such 
teacher a writing signed by said officer detail- 
ing the agreement, the length of the term of 
employment, amount of compensation, and 
the time or times when such compensation 
shall be due and payable. 



Ti(e EHucatlonal Bazette. 



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Contains Opinions of Eminent Thinkers, 
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of Current Topics, Educational News, Kinder- 
garten, Choice Literature, etc. 



Price, $1.00 a Year. Single Copies, loc. 
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LEADING PAPER OF ITS KIND IN THE STATE. 

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EDUCATIONAL &AZETTE CO., Publishers, 



f\ "©e^criptiVe ©eo^rGipl^y 

OF" 

IS|eW Vorl^ ^tc^te, 

WITH HISTORICAL AND EDUCATIONAL NOTES, 

By LEVI N. BKKBK, 

The Most Complete Work of the Kind That Has 
Ever Been Written. 

UP TO DATE. FRESH FROM THE PRESS. 

One edition for pupils and another for teachers. The pupil's 

edition should be in the hands of all elementary classes in 

geography. No teacher can afford to be without the 

teacher's edition. It is finely illusti'ated and 

handsomely bound. 

Teacher's Edition, 110 p., 40c.; Pupil's Ed., 98 p., 30c. 

Sent by mail to any address on receipt of price. 

EDUCATIONAL GAZETTE CO., Publisbers, 

KOOHESTEili, IT. "X". 

Every ^^ Xeacher 

IN THE 

STATE OF JiHV^ VOHK 

IS NOW SPECIALLY INTERESTED IN THE 

Uniform Examinations for Teachers' Licenses. 



We now have ready for delivery, all the questions used at these 
examinations, from the beginning up to the present time. The 
answers to these questions are also published in the same volume. 

Every teacher in the State of New York should have a copy of 
this book 7WW, as it furnishes the greatest possible assistance in 
passing these examinations. 

It is the most valuable question book ever published. 

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paid for One Dollar. 

EDUCATIONAL GAZETTE CO., Rochester, K. Y. 



Topical .*. Gkooraphy, 

WITH METHODS AND SUPPLMENTARY NOTES. 
BY IDA L. GRIFFIN, 

School Commissioner, Third District of Oswego Co., N. Y. 

This is a Complete Manual of Geography, covering the entire 
subject. It outlines in detail 
What Should be Taught, 
When It Should be Taught, and 
How It Should be Taught. 
In addition to this a large number of Supplementary Notes are 
given, which are of inestimable value to the teacher. Miss Grif- 
fin is a graduate of the Oswego State Normal School, and in the 
preparation of this work has had the assistance of the teachers 
of this subject in that school. 

It is the most complete and helpful guide in teaching the sub- 
ject that has ever been written. 

Every teacher who gives instruction in geography should 
have a copy. 142 pages, handsomely bound. Price, .50 cents. 

EDUCATIONAL GAZETTE CO,, Publishers. Eochester, N. 7. 

RECREATIOBS • IN • GEOGRAPHY • AND • HISTORY, 

By Prof. D. C. IVIURPHY, 

Instructor of Teachers' Institutes in the State of Pennsylvania. 

This is a book that every teacher will want. It is packed 
full of interesting information and suggestive helps in these two 
subjects It is worth five times its price to any person teaching 
either of these subjects. 

Handsomely bound in cloth. Sent postpaid to any address 
for 75 cents. 

Educational Gazette Co., Publishers, Rochester, N. Y. 



Outline Studies in Physiology, 

By EDWARD HAYWARD, A.M., 

Supt. of Schools, Clyde, N. Y. 



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It is recommended for the use of teachers by Prof C. E. Haw- 
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